Anil Kumar, J. - (1.) HEARD Shri Anand Dubey, learned counsel for the petitioner, Shri Mohd. Mansoor, learned Chief Standing Counsel, Shri Devendra Upadhyaya, learned Standing Counsel assisted by Shri Suman Singh, Special Secretary (Home), U.P. and perused the record. By means of the present writ petition, the petitioner has challenged the order dated 14.11.2011 passed by opposite party No. 2/Special Secretary Home, U.P., Civil Secretariat, U.P., Lucknow by which his license to run the arms shop has been cancelled.
(2.) FACTS in brief of the present case are that an application has been submitted by Sri Abhishek Upadhyay/petitioner for grant of licence to run the arms shop after completing all has completed necessary formalities as provided under the Arm Act 1959 read with Arms Rules, 1962, thereafter on 28.8.2000, Sate Government had granted a licence to the petitioner to run arms shop at Mohalla - Chhedipurwa Tahan Kotwali Ngar Gonda, District Gonda with certain conditions are to be observed by the petitioner while running the arms shop some of them are as under: "1 - (a) This license is granted subject to all the provisions of the Arms Act, 1959 and of the Arms Rules, 1962. (b) This License does not entitle the dealer to take any arms of ammunition for testing to attesting range or other place without a permit for the purpose, or to prove any arms. (c) The License is valid only so long as be carries on the trade or business in the premises shown in column 3 thereof, and will ipso facto lapself the business is discontinued for a continuous period exceeding six months. 2 - The License shall maintain registers of all arms and ammunition in stock, and of all sales showing the particulars in such form as may be prescribed by the Central Government for the purpose. 7 - He shall at the time of sale or transfer of any arms or ammunition to a person boking a license in Form III, Form IV, Form V, Form VII or Form VIII endorse as the license - (a) The name, description and evidence of the person who takes delivery of the articles sold or transferred; (b) The nature and quantity of the article sole or transferred; and (c) the date of sale or transfer; 10 - He shall not sell or transfer ammunition to any person, licensed to posses or arms, without his first obtaining a written certificate from such person is to the effect that with the quantity of ammunition proposed to be acquired by him, the total quantity of ammunition in his possession shall not exceed the maximum quantity which he is entitled to possess at any one time or his total allowance for the year: 14 - Subject to the other conditions contained herein no license shall, without reasonable cause refuse to sell arms or ammunition to any action who is entailed to purchase or acquire such arms or ammunition under the provisions of the Arms Act, 1959 of the Arms Rules, 1962." On 5.11.2008, District Magistrate, Gonda passed an order for sealing the petitioner's shop in pursuance of the said order, Additional District Magistrate, Gonda on 11.11.2008 directed the Superintendent of Police, Gonda to seal the petitioner's shop. Accordingly, the same was sealed on 17.11.2005.
(3.) AGGRIEVED by the said action, petitioner approached this Court by filing Writ Petition No. 395 (MS) of 2009, disposed of by order dated 28.5.2009. On reproduction reads as under: "Heard learned counsel for the petitioner and the learned Standing Counsel for ht opposite parties. This writ petition has been filed by the petitioner challenging the arbitrary seizure of the petitioner's firearm shop by the opposite party No. 3 although his license to run the firearm shop has neither been suspended or cancelled. Learned Standing counsel was granted time by this Court on 28.1.2009 for seeking instructions in the matter. When the case was taken up today, learned Standing Counsel has failed to produce any material before this Court indicating that the petitioner's licence to runt the firearm shop has either been cancelled or suspended. Learned Standing Counsel further submitted that cancellation of the petitioner's licence has been recommended on the basis of police report. In view of the above, an interim mandamus is issued to the opposite party No. 2 to forthwith release the petitioner's licence to run the fire -arm shop. However, this order will not prevent the authorities from proceedings against the petitioner on the basis of police report, if any, recommending initiation of proceedings for cancellation of the petitioner's licence to runt the fire -arm shop. Learned Standing Counsel prays for and is allowed six weeks' time for filing counter -affidavit. List this case after six weeks.";